I am being taken to court

[DodgyAgent]

Like 2 sharks chewing the fat.

[Scruff]

You win or lose a Civil case based on the laws of evidence, common law and a balance of probabilities.

It doesn't matter a jot whether you reported this to your insurance company, or not. That is between you and your Insurance company and only affects the contract that exists (, or doesn't) between you and them. It means that that they can repudiate any claims that you make against them, if your breach is material to the contract.

[Mich the Tester]

If she had told her insurance company when it happened you would have heard about it yonks ago. One question I have is why now is she progressing things?

Likely to be because an ambulance chaser told her she could make some money out of it.

[suityou01]

It has been going on for a while.

Based on what you have told me, especially if she presents whacky claims for damaged panels on the opposite side of the car to the impact, I very much doubt this will get to court.

[doodab]

My guess would be that in agent speak "telling her to leave it" probably means she didn't get a word in or what she said was ignored. As she didn't want to leave it she followed up by telling her insurers, and as Dodgy hasn't told his he's now going to get screwed whether the collision was his fault or not.

[DodgyAgent]

Likely to be because an ambulance chaser told her she could make some money out of it.

I have confronted her lawyers with that one .. what they don't seem to understand is that I know how their minds work

[Mich the Tester]

lawyers ... I know how their minds work

No surprises there!

[eek]

I have confronted her lawyers with that one .. what they don't seem to understand is that I know how their minds work

There are three concepts there I can't compute

Lawyer's minds
Lawyer's working
and especially Lawyer's mind's working

[NotAllThere]

And that is exactly my point. Can you think of an example, where you go into the back of someone and it's not your fault?

No rush.

If the person in front brakes sharply for no good reason. (Ok, that's Swiss law).

A friend of miine was stationary in a multi story car park, letting someone pull out, when she reversed into him.

Unfortunately, due to a lack of 3rd party witnesses, it was deemed to be his fault.

One of my son's acquaintances reversed round a roundabout and was hit by an on-coming car. As there were no witness, the driver was considered to be at fault, and the acquaintance got off scot free.

[geoffreywhereveryoumaybe]

Who on earth reverses around a roundabout - they are round so you can go round again if you miss your turning!